California Codes, Code of Civil Procedure - CCP, Part 2 — Of Civil Actions, Title 10 — Actions in Particular Cases, Chapter 3 — Actions for the Recovery of Real Property, and Other Provisions Relating to Actions Concerning Real Property, Section 744
A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Notes
Prohibits treating a mortgage of real property as a conveyance, regardless of its terms, for the purpose of allowing the mortgage owner to recover possession of the real property without foreclosure and sale. Possession therefore cannot be recovered merely by characterizing the mortgage itself as a conveyance.
Use as reference
Lexinter.net | California Code, Code of Civil Procedure - CCP § 744 | https://laws.lexinter.net/codes/california/code-of-civil-procedure/part-2/title-10/chapter-3/section-744